CEO 77-158 -- October 24, 1977

FULL AND PUBLIC DISCLOSURE

DISCLOSURE OF ASSETS OWNED BY SPOUSE NOT REQUIRED BY SUNSHINE AMENDMENT

To: (Name withheld at the person's request.)

Prepared by: Phil Claypool

SUMMARY:

Section 8, Art. II, State Const., commonly known as the "Sunshine Amendment," requires all elected constitutional officers and statewide elected officers to file full and public disclosure of their financial interests. Full disclosure includes the filing of an officer's personal net worth, assets, and liabilities, but assets which may be owned by a member of the officer's family but in which the officer holds no property interest are not required to be disclosed. Accordingly, property which is held solely in the name of an officer's spouse is not required to be disclosed or included in the computation of the officer's net worth.

QUESTION:

In filing full and public disclosure of one's financial interests pursuant to s. 8, Art. II, State Const., is it necessary to disclose assets which are owned solely by one's spouse?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a member of the Hardee County School Board. In addition, you advise that your husband owns your family's home, citrus grove, and cattle farm and that this property is held solely in his name, as it was at the time you were married.

The Sunshine Amendment requires all elected constitutional officers to file full and public disclosure of their financial interests. Section 8(a), Art. II, State Const. The amendment then defines full and public disclosure of financial interests to mean, in part,

filing . . . a sworn statement showing net worth and identifying each asset and liability in excess of $1,000 and its value . . . .

We are of the opinion that the amendment requires disclosure of an officer's personal net worth, assets, and liabilities and that disclosure of assets which may be owned by a member of the officer's family but in which the officer holds no property interest is not required.

Accordingly, inasmuch as you state that you do not have a property interest in your home, the citrus grove, or the cattle farm, since this property is solely in your husband's name, we are of the opinion that you need not disclose these assets or include them in your net worth when filing full and public disclosure of your financial interests.